Georgia Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
O.C.G.A. § 51-13-1 (Ruled unconstitutional)
No statutory cap on noneconomic damages in Georgia. The Georgia Supreme Court struck down the $350,000 cap on noneconomic damages in 2010 (Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt), ruling it violated the constitutional right to a jury trial.
Frequently Asked Questions
Does Georgia cap noneconomic damages in medical malpractice?
No. In 2010, the Georgia Supreme Court ruled that statutory caps on noneconomic damages (O.C.G.A. § 51-13-1) were unconstitutional.
Are punitive damages capped in Georgia?
Yes. Punitive damages are generally capped at $250,000 under O.C.G.A. § 51-12-5.1, though exceptions exist if the defendant acted with specific intent to cause harm.
What damages are recoverable in a Georgia medical malpractice suit?
Plaintiffs can recover fully uncapped economic damages (medical bills, lost wages) and uncapped noneconomic damages (pain and suffering).
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